Rubber-Tip Pencil Co. v. Howard
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York; the case being thus: On the 23d of July, 1867, J. B. Blair, an artist, alleging himself to he the original, and'first inventor of “a new and useful rubber head for. lead-pencils,” received a patent for his invention.
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Error to the Circuit Court for the Southern District of New York; the case being thus: On the 23d of July, 1867, J. B. Blair, an artist, alleging himself to he the original, and'first inventor of “a new and useful rubber head for. lead-pencils,” received a patent for his invention. His specification and claim were as follows: “ Be it known that I, J. B. Blair, of the city of Philadelphia, &c;, have invented a new and useful cap or rubber head to he applied to lead-pcneils, &c.-, for the purpose of rubbing out pencil-marks ; and I do hereby declare the same to be fully described in the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of tJtie court.
The question which- naturally presents itself for considera-, tion at the outset of this inquiry is, whether the new article of'manufacture, claimed as an invention1, yvas~ patentable as such. If not, there is an end of. the. case and we need not go further.
A patent may be obtained for a new or useful art, .machine, manufacture, or composition of matter,, or any new and useful improvement thereof. In this case, as has been seen, Blair’s patent was for “ a new manufacture,” being a new and-useful rubber head for lead-pencils. It was not for…
2Cited by56 opinions
- Diamond v. DiehrSupreme Court of the United States · 1981
- Gottschalk v. BensonSupreme Court of the United States · 1972
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
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